VCDL Update-long guns in vehicles in Fairfax County

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  • jrumann59

    DILLIGAF
    MDS Supporter
    Feb 17, 2011
    14,024
    Isn't CCW easy to get in VA?

    To me, no mag or empty tube is excessive. The long gun isn't going to chamber AND fire a round on its own.


    Hardest part is the wait, about 5-6 months. Otherwise, Training if needed, application, fingerprints, $100 check, then wait.
     

    swinokur

    In a State of Bliss
    Patriot Picket
    Apr 15, 2009
    55,394
    Westminster USA
    The ease of obtaining a CCW permit has nothing to do with the right of a law abiding citizen to use a firearm of his choosing for self defense.

    Saying you can get a CCW in lieu of having a long gun is like Gansler telling us you can OC a long gun instead of a W&C permit.

    It’s either a right or it’s not

    My .02
     

    swinokur

    In a State of Bliss
    Patriot Picket
    Apr 15, 2009
    55,394
    Westminster USA
    Additonal Info

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    I have received quite a few emails with questions and thoughts on the Fairfax County loaded long gun in vehicles prohibition, so here is some more information on the concept in general.


    IS IT LEGAL - WHAT ABOUT PREEMPTION?

    The new ordinance is legal. Virginia's firearms preemption law (15.2-915) allows localities to pass certain gun ordinances IF there is a state law that specifically grants authority to do so. There aren't many such enabling laws - most of those deal with hunting or shooting. The enabling law for the ordinance in question is 15.2-915.2.

    https://law.lis.virginia.gov/vacode/title15.2/chapter9/section15.2-915.2/


    WHAT IS THE DEFINITION OF "LOADED"?

    "Loaded firearm, loaded rifle or loaded shotgun as used in this Chapter means a firearm, rifle or shotgun with ammunition within the action chamber, magazine or clip which is within or on the firearm, rifle or shotgun."


    ARE CHP HOLDER EXEMPT?

    NO. The exemptions are, "law enforcement officers or military personnel in the performance of their lawful duties, to any person who reasonably believes that a loaded rifle or shotgun is necessary for his personal safety in the course of his employment or business, or to any person transporting a malfunctioning rifle or shotgun for the purpose of having it repaired or otherwise rendered safe."


    WHAT OTHER LOCALITIES HAVE THIS PROHIBITION?

    Albemarle County
    Alexandria
    Chesterfield County
    Clarke County
    Culpeper County
    Danville (City)
    Fauquier County
    Fredericksburg (City)
    Goochland County (nighttime only)
    James City County
    King George County
    Loudoun County
    Madison County
    New Kent County
    Northumberland County
    Orange County (deer season only)
    Petersburg (City)
    Richmond (City)
    Roanoke County
    Surry County
    Virginia Beach (City)
    Warren County
    Williamsburg (City)


    IS THERE A WORKAROUND?

    An interesting option brought up by EM John Wilburn: an AR-15 or AK handgun with a Sig arm brace. As a handgun, it is not covered by this law and for those with a CHP it can be concealed.


    HOW ABOUT A LEGISLATIVE FIX?

    VCDL is working on some changes to this law for the next legislative session.


    WHAT IS THE PENALTY?

    The penalty is a $100 fine and appears from the draft voted on at the meeting to be an infraction and not a crime.


    NEWS COVERAGE WITH VCDL INTERVIEW
     

    nedsurf

    Ultimate Member
    Feb 8, 2013
    2,204
    I'd say for me, this is a legitimate reason to buy a pistol AR with a brace in 300 BO.
     

    alucard0822

    For great Justice
    Oct 29, 2007
    17,643
    PA
    I'd say for me, this is a legitimate reason to buy a pistol AR with a brace in 300 BO.

    Popular for a trunk gun here. PA's hunting statutes and UFA basically prohibit loaded long guns in a vehicle, but no problem with a LTCF and pistol with or without a brace.
     

    davsco

    Ultimate Member
    Oct 21, 2010
    8,607
    Loudoun, VA
    maybe one of these days or decades, we'll focus on putting and keeping violent felons in jail and not infringing on the rights of law-abiding citizens to defend themselves.
     

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